Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
Virginia overtime rules for home care workers
Last verified October 28, 2026 · All Virginia resources
In Virginia, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $12.77 an hour, rising to $13.75 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Virginia's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.
What are Virginia's overtime and minimum wage rules?
| Minimum wage | $12.77 an hour, rising to $13.75 on January 1, 2027 |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
$12.77 in 2026, rising to $13.75 on 2027-01-01 and $15.00 on 2028-01-01 (Va. Code 40.1-28.10).
Does Virginia law require overtime for agency caregivers?
Yes. Va. Code 40.1-29.3 requires 1.5 times the regular rate after 40 hours for anyone "employed by a home care agency or other third-party provider to provide direct support services", separately from Virginia's general overtime law, which follows the federal exemptions.
Does Virginia have special rules for home care workers?
The Virginia Minimum Wage Act counts a home care provider as an employee (Va. Code 40.1-28.9). Virginia's general overtime law (Va. Code 40.1-29.2) follows the federal FLSA and its exemptions, but a separate section, Va. Code 40.1-29.3, requires overtime after 40 hours for employees of home care agencies and other third-party providers of direct support services, such as help with bathing, dressing, eating and other in-home long-term care.
Calculate a week of overtime in Virginia
Preset with Virginia's daily overtime rule. Enter each day's hours across all clients.
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More for Virginia
Overtime rules by state: other states
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